How to Write an Affidavit in Ontario (Step-by-Step Guide)

What Is an Affidavit?

An affidavit is a written statement of facts that you swear or affirm to be true under oath. In Ontario, affidavits are used in family court, civil proceedings, immigration applications, landlord-tenant disputes, and many other legal situations. Making a false statement in an affidavit is perjury.

When Do You Need an Affidavit?

• Family court filings (custody, access, child support, property division)
• Responding to a motion or application
• Small Claims Court
• Statutory declarations
• Landlord-tenant proceedings at the LTB
• Immigration and citizenship applications

The 6 Required Parts of an Ontario Affidavit

1. Title / Court File Number — Court name, file number, and party names.
2. Deponent Information — Your full legal name, city of residence, and occupation.
3. Opening Declaration — "I, [full name], of the City of [city], MAKE OATH AND SAY:" or "DO SOLEMNLY AFFIRM THAT:"
4. Numbered Paragraphs — Each paragraph contains one fact. Keep them short and specific.
5. Signature Line and Jurat — Signed in front of the Commissioner with their signature and seal.
6. Exhibits — Any referenced documents attached and labeled Exhibit A, B, etc.

Step-by-Step: How to Write Your Affidavit

Step 1: Determine the Purpose

Know exactly why you need this affidavit and which court or authority will receive it. Ontario Family Court Form 14A is the standard form for family court proceedings.

Step 2: Gather Your Facts

Write down every fact you need to include. Stick to facts — things you personally observed or know to be true. Courts want facts, not opinions or emotions.

Step 3: Use Numbered Paragraphs

Each numbered paragraph should contain one fact. Example: "1. I am the Applicant in this proceeding and I reside at [address] in the City of Oshawa, Ontario."

Step 4: Leave the Signature Block Blank

Do NOT sign your affidavit until you are in front of a Commissioner. Signing beforehand makes the affidavit invalid.

Step 5: Attend Before a Commissioner

Bring your completed unsigned affidavit and valid photo ID. The Commissioner will verify your identity, watch you sign, and commission the document.

Common Affidavit Mistakes to Avoid

• Signing before seeing the Commissioner
• Including opinions or emotions instead of facts
• Vague paragraphs without specific dates or amounts
• Missing exhibits that were referenced in the text
• Wrong court header format

Frequently Asked Questions

Can I write my own affidavit in Ontario?

Yes. You are not required to hire a lawyer to prepare an affidavit. However, you must still have it commissioned.

How much does it cost to have an affidavit commissioned?

Fees vary between $25-75. When I help you prepare your document, commissioning is included.

What is the difference between an affidavit and a statutory declaration?

Affidavits are used in legal proceedings. Statutory declarations are used for administrative purposes like government agencies or insurance claims.